Self-help

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UAE

Which option is better in the UAE: bankruptcy or liquidation?

Q: In the UAE, a company in financial difficulties should go for bankruptcy or liquidation? What is the cheaper and faster option provided the owner is a manager and partner in the company?
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UAE

Terminating an employee due to COVID-19 and delaying EOSB till canceling the visa

Q: Hi! My company has terminated me (with a few others) due to COVID-19. April 30th is my last day and I am relying on getting my gratuity to keep me afloat for a while as I look for a new job. However, my employer said that they will not release my EOS until they cancel my visa. Given the current situation, how can I go about this? How long can I stay after they cancel my visa? The UAE government recently announced that they will let people stay in the country until the end of the year due to the travel restrictions, does this apply to me as well?
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UAE

Check the status of a lifetime ban for an old absconding case

Q: Greeting to you Sir, I got a life ban from the UAE in 2013. The reason was absconding. I am in India right now. Please advise me how I can remove a life ban. Is it possible? Thanks, and Regards. M.V.
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UAE

Action against the infringement of intellectual property

Q: IP infringement. The main company (USA) has sent a Cease & Desist Letter to the previous distributor in the UAE but they do not reply. They remain using the brand name, showcasing it on their website and spoiling the market with selling off their remaining stock with bargaining prices and without warranty while we are the new authorized distributor. How to stop this? Kind regards, N.V.A.
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UAE

Changing the contract due to buyer's failure to pay the installment on time

Q: A property was bought in Dubai on an installment plan. Due to some problems, the purchaser has failed to pay the last 2 installments but intends to clear the payments. He has paid around 40% to 50% of the total amount, but now, the seller has sent him a notice that he is going to change the deed. Should the buyer step back considering that the seller is unreliable or should he move forward? What should be the step to address the notice they have sent?
Questions & Answers
UAE

Is it mandatory to pay penalty for early exit from tenancy?

Q: Dear Mam, Greetings! I would like to ask for your assistance with my situation. Our tenancy contract will end by today, April 30, 2020. I notified our landlord on April 1, 2020, that we will not renew the contract, as my husband lost his job and his employer didn`t renew his employment contract due to this current situation COVID-19. Now, that we will vacate the flat, the manager of the landlord will not issue us NOC due to they asking us to pay 2000 for the security deposit, but the contract has already finished. Why are they asking me to pay for that amount? Nowadays, every single penny is very important. and we have limited resources due to my husband job loss. Are there any legal rights for that? Thank you. Appreciate your response.
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UAE

Requirements for transferring the car of deceased brother to my name

Q: Good day, My brother passed away on May 12, 2018, in the Philippines while he was on vacation. He owns a car here in Dubai. I would like to ask what are the legal step-by-step actions for the car to be transferred under my name. I hope you can help me with this since it`s almost 2 years now.
Questions & Answers
UAE

اكتشاف الزوج أن زوجته ليست بكرًا والتصرُّف الأمثل عندئذٍ

س: إذا اكتشف الزوج أن زوجته ليست بكرًا، فما الحل وقد قالت أنها بكر؟
Questions & Answers
UAE

Working at the company of the husband without labour contract

Q: Hello, I’m in Abu Dhabi under my husband’s sponsorship. He has his own company in the UAE. I’m officially part of my husband`s company as the CCO, it’s mentioned on the website and on social media. However, we never made an employment contract and I don’t receive a fixed salary. Can I face any trouble for working illegally in the UAE or would this arrangement be considered legal? Thank you!
Questions & Answers
UAE

Calculation of the end of service gratuity at the end of a limited contract

Q: How is the end of service gratuity calculated under a limited contract where the contract expires after two years?
Questions & Answers
UAE

المطالبة بتعويض الفصل التعسفي رغم إرسال إنذار من قِبل صاحب العمل

س: إذا أنذرت الشركة الموظف بفصله خلال 3 أشهر من تاريخ الإنذار على أن يعمل لديها طوال أشهر الإنذار الثلاثة، فهل يستحق المطالبة ببدل فصل تعسفي بعد ذلك أم لا؟
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UAE

Claiming gratuity from employer two years after resignation

Q: I have worked as a dentist for 12 years and above in a private clinic. I ended my service in 2018 January. He has not paid my gratuity and is always giving excuses. Now after two years he wants to pay only half the gratuity in 12 cheques. Please advise. Thanks
Questions & Answers
UAE

Cancelling a car purchase and claiming refund for hidden defects

Q: Hi, I financed a car from a second-hand dealership in Sharjah. The car is a 2018 Mustang GT! They said the car was fine and had no accidents, it looked fine too. I took the deal and even had a new car screen put in through the dealer for AED 2000. The car has given me problems from the first month. Hazard lights would come on and kill the battery. The dealer told me to give the car to the garage, so they took the car and said a new screen is needed and they made me pay AED 1000 even though it was not my fault. I even paid to have the car delivered there but I paid out of the goodness of my heart. Next month it started dying randomly and would need jump-starts. Now it dies every day after a jump start. Now they are saying to me I need to pay for another fix! Please can someone tell me what to do? Is there any legal way they can take the car back and pay the bank back the money they took?
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UAE

Keeping custody of daughter due to the non-payment of maintenance

Q: Assalamu Alaykum. Please advise me. My daughter turned 13 and I know my custody already ended. Her father did not support her financially for the last 8 years. He rejected all of the help I asked. Can he file for the custody of my daughter in Dubai Court? Is there any time frame for him to file? Will the court give my daughter to him? Thank you!
Questions & Answers
UAE

المقصود بحل الشركة ذات المسؤولية المحدودة وآلية ذلك

س: السلام عليكم، ما المقصود بحل الشركة ذات المسؤولية المحدودة؟ وكيف يتم حلها؟ ومن له الحق أن يطالب بحل الشركة؟
Questions & Answers
UAE

Claiming compensation for an accident in a large mall in Dubai

Q: I am looking for advice on serving a legal notice to one of the large malls in Dubai after I had an accident and fractured my ankle in 2 places. I am considering purchasing a Fixed Fee service from you - Drafting and Serving a legal notice to the mall management in regards to compensation. I would like to know what would your professional fees be if I required your expertise beyond this fixed fee service? I have been advised by a UK lawyer that because I am a western female, I will receive less compensation if negligence is proven, is this correct? I am a professional businesswoman and this accident has caused me much pain, distress, and affected my ability to manage my business, so I would like some compensation for my losses. Also if negligence can`t be proven, I understand that the UAE has a no-fault compensation scheme so that I would receive compensation for injuries if no one is at fault, is this correct? Could anyone assist me in this matter? Thank you!